New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-05-21
FOUR-7RACK TUNNEL IN BROADWAY
TO REVIVE THE vANDENBURGH CHARTER

| OTHER STREETS AFFECTED By THE SCHEME.
Edward Lsuterbach's scheme TO revive the Yanden-
burgh charter OF sos for fourtrack tunnel railway
| in Broadway and in Elm-st. and Lafayette place
thence by Fourth-aye TO the Grand Central Station Is
still resting at In the hands of Corporation
Counsel Lacombe. Mr.. Lautsrbaoh applied some two
months ago to the Commissioner OF Public Works for
permission to open Lafayette place for the proposed
road the idea being that this would test the question
whether permits would be granted for the several
routes embraced In the yandenburgh project. The
matter was referred to Mr. Lacombe, whose opinion
will be based upon his view OF the validity OF the
| charter. This document was secured in 1868 and
after passing through various ycissitudcs, including
the issuance of So 0c0, 600 in bonds tho whole
Germ was sod under foreclosure and purchased by
Colonel vandenburgh. Under general laws and under
the Tunnel act of 1850 maps lwere filed, which were
intended extend the original Elm St route that
at Union Square the road could spread up and down
Broadway to the City Hall Square and tow ard
Manhattanville.
Property-owne,s in Broadway we're up in aims in
1881 and they vehementy refused their consent to
the project and the statement put out by the
company whose full name Is the New-York City
Central Underground Railway Company. that it
intended TO 90 the Supreme Court with it's case, In
March Of that year Tribune reporter called upon
Assistant Corporation Counsel Andrews, now on the
Supreme Court bench, who said in regard to the
matter.
81 Some two or three years ago this company
about to appeal the Common Council for permission
to build under Broadway, and knowing that this Office
would be consulted their representatives brought me
their papers and briefs for opinion. read them all
and decided that their charter had expired by limn-
ton when the foreclosure sale TO Colonel vanden-
burgh took place The sale itself considered some
what doubtful"
Act of 1869 incorporating the company which to
the effect that the corporation should begin consruc
ton within two years, complete the tunnel and rail
way to Forty second st. lone oil the lines being
projected under Centro-s 10 end at the Harlem River
sr,R branch TO the Grand Central Station within
three wears and to the Harlem River In five years.
necessary and unavoidable delays excepted As to tho
Bond-s: aud at Ninet, -sixth-st. and Madison-ave.
referred to already In THE TRIBUNE, Mr.. Andrews
sad
structed part but from what could learn all they
did was to dig hole hoping to protect themselves |
think the charter has expired and the corporation
n CORPORATION does not eyst and did not when the
foreclosure took place. They have no rights to 90
under Broadv ay that can see Now, euppOsng that
the charter is alive under last year, tunnel act
least one hall the Propertyowners along the route
and the consent also OF the city authorities. Failing
in this an appeal to the court must he made and
commissioners appointed to decide. The charter Of
this company II It still alive, Is for fixed route
up thu ough Centre and Mulberry sis. They cannot
rights under the Tunnel act. The filing OF maps tor
connections and under general laws, not sufficient
oycn il backed by q SOUND oharter. 10 accomplish
anything legally new act of tie Legislature will be
necessarily. .
Justice Barrett las recently decided, on the
application for n commission made by tho District
Railway Company that the Tunnel act of 1880 Is
unconstitutional and that company and tho Terminal
Underground people acknowledge that the decision
makes il Mt least necessary tor them TO 20 to work
under tho General Railroad act OF 1884.
General Mcclellan was at one time tne president ut
this company and Hugh J. Jewett was announced as a
director. although he said he did not know of his cleo
ton. George HcknorsCurs was then attorney OF the
CORPORATION. Brc adside announcements were made
that Gen ,ral Mcclellan going to Europe to raise
money tor the scheme and Partisan pldtocrats were
said to 90 aching to invest their millions The cable
hos not yet announced the actual investment Mr..
Lauterbach was ASKED recently regarding tie
opinion of Mr.. Andrews and he said:
:" That was only the opinion OF one lawyer and We
have othor opinions equally good to the contrary"
One Of the interested In promoting the venture
says: "lhe validity OF the charter has never been
test,d la court There are opinions in other cases,
no rever which confirm Wow that the charter is
perfectly good"
Mr. Lacombe said recently that he had been waiting
to hear Mr. Lauterbach, at that geutleman's re-
quest. before making up his decision. Mr.. Lauter-
bach sates that he has presented his views to the
Corporation Counsel and that he Is awaiting his
decision. The Arcade Railway Company also has its
weather eye the situation Mr. vandenburgh says
that chapter 49, OF the laws of 1880, OF which DO
secured the passage the defects IN his charter
o. u. Potter says that he has had talk with the
Corporation Counsel about the charter and that this
is ons reason why the matter hangs fire.
3